(D) The records and forms, at all times,
shall be kept at
the | 34 |
licensed location and available
for inspection by the | 35 |
superintendent and
by the chief of
police
of the municipal | 36 |
corporation or township in which the licensee's place of business | 37 |
is located
or, if the
place of business is not located within a | 38 |
municipal corporation or
a township that has a chief of police,
by | 39 |
the sheriff of the county in which the place of business is | 40 |
located. Upon demand of any of
them,
the licensee shall produce | 41 |
and show any records, forms,
pledges, or purchases which are in | 42 |
the
licensee's possession. | 43 |
(E) Except in the case of a pledged motor vehicle, | 44 |
watercraft, or
outboard motor, the licensee
shall keep all pledges | 45 |
and purchases at the licensee's place
of business unless a | 46 |
pledgor, in
writing, agrees otherwise at the time
the pledge is | 47 |
made. If the item pledged for the pawn loan is a motor
vehicle, | 48 |
watercraft, or outboard motor, the licensee
shall take possession | 49 |
of both the motor vehicle, watercraft, or outboard motor and the | 50 |
certificate
of title to the motor vehicle, watercraft, or outboard | 51 |
motor and shall
keep
the certificate at the
licensee's place of | 52 |
business but, upon notification
to the pledgor, may keep
the motor | 53 |
vehicle, watercraft, or outboard motor at a location other than | 54 |
the
licensee's place of business. No pledge shall
be removed
from | 55 |
the place of
business for the licensee's personal use or
gain. | 56 |
(F) Every person licensed as a pawnbroker under this chapter | 57 |
shall keep and use an
intelligible set of books and records in the | 58 |
English language in
complying with this chapter with respect to | 59 |
recording the details of each
purchase or loan. Except as
provided | 60 |
in division (J) of this
section,
all information required
to be | 61 |
recorded by this chapter
shall be entered in a bound book or
on | 62 |
loose-leaf, permanent forms used
exclusively for that purpose. | 63 |
Forms shall be identical and consecutively
numbered, and each | 64 |
shall contain two or more pages. One part of each form
shall be | 65 |
detachable and, when completed, shall serve as the statement to be | 66 |
given by the licensee to the pledgor or seller as provided by | 67 |
section 4727.07
of the Revised Code, the. The remaining part of | 68 |
the
form shall be retained in the licensee's
permanent records. | 69 |
All
forms shall be accounted for. | 70 |
(J) Notwithstanding any other provision of this chapter, a | 82 |
licensee may use other methods of recording data, keeping
records, | 83 |
and keeping books, such as electronic or computerized methods, in | 84 |
lieu
of the methods described in this section, provided written | 85 |
printouts or hard
copies of the required data are readily | 86 |
available in a form approved, in
advance, by the superintendent. | 87 |
Sec. 4727.11. (A) If a pledgor fails to
pay interest to
a | 88 |
person licensed as
a pawnbroker on a pawn loan for two months
from | 89 |
the
date of the loan or the date on which the last interest | 90 |
payment
is due, the licensee shall notify the pledgor by mail, | 91 |
with proof
of mailing, to the last place of address given by the | 92 |
pledgor,
that unless the pledgor redeems the pledged property
or | 93 |
pays all interest due and storage charges within
thirty days
from | 94 |
the date the notice is mailed, the pledged property
shall be | 95 |
forfeited to the
licensee. If the pledgor fails to redeem or pay | 96 |
all
interest due and storage charges within the
period specified | 97 |
in the notice, the licensee becomes the owner
of the pledged | 98 |
property. | 99 |
(B) In the event that any article or property is redeemed
by | 100 |
a person other than the pledgor, the pledgor shall sign the | 101 |
pledgor's
copy of the statement required under section 4727.07 of | 102 |
the
Revised Code, which copy shall be presented by the person to | 103 |
the
licensee. The licensee shall verify the name of the person | 104 |
redeeming the article or property, and shall record the person's | 105 |
name and driver's license number, military identification number, | 106 |
or
other personal
identification number found on any other | 107 |
government-issued identification card, on the
licensee's copy of | 108 |
the statement,
and
shall require the person to sign this copy. | 109 |
(D) When an account is paid in full, the licensee shall | 117 |
return
the pledged article immediately to the pledgor. In the | 118 |
event the pledgor
sells, transfers, or assigns the pledge, the | 119 |
licensee
shall verify the name of the person redeeming the pledge | 120 |
and record
that person's name,; driver's license number, military | 121 |
identification number, or other identification number found on any | 122 |
other government-issued identification card; and
signature on the | 123 |
permanent copy of the statement of pledge
required
pursuant to | 124 |
section 4727.07 of the Revised Code. The
licensee also
shall | 125 |
obtain the signature of the pledgor, or other
person redeeming the | 126 |
pledge, upon a separate record
of the
transaction, that | 127 |
acknowledges the total dollar amount paid for
redemption and the | 128 |
date of redemption. All records shall be kept
in the
licensee's | 129 |
place of business. | 130 |
Sec. 4737.01. (A) A person purchasing, selling,
exchanging, | 131 |
or receiving secondhand articles of any kind, scrap
iron, old | 132 |
metal, canvas, rope, branded bottles, junk or lead
pipe, except | 133 |
plow irons, old stoves, and furniture, shall post in
a conspicuous | 134 |
place in or upon histhe person's shop, store,
wagon, boat, or | 135 |
other place of business, a sign having histhe person's name and | 136 |
occupation
legibly inscribed thereon, and keep a separate book, | 137 |
open to
inspection by any law enforcement officer, in which shall | 138 |
be
written, in the English language, at the time of the purchase | 139 |
or
exchange of such articles, a description thereof, the name, | 140 |
description, and residence, and driver's license number, military | 141 |
identification number, or other identification number found on any | 142 |
other government-issued identification card of the person from | 143 |
whom purchased and
received, and the day and hour when such | 144 |
purchase or exchange was
made. Every entry shall be numbered | 145 |
consecutively, commencing
with number one. | 146 |
(B) Any person, prior to purchasing any secondhand article
of | 147 |
furniture or secondhand electrical or gas appliance or
equipment | 148 |
for the purpose of resale to the general public, other than an | 149 |
article or special procedures article, the acquisition of which is | 150 |
governed by section 4737.04 or 4737.041 of the Revised Code, shall | 151 |
demand to examine the seller's driver's or commercial driver's | 152 |
license or identification card issued under sections 4507.50 to | 153 |
4507.52 of the Revised Code and one additional type of card | 154 |
typically used for identification purposes. | 155 |
The purchaser shall keep a written record of the number of | 156 |
the license or identification card and the type and number of the | 157 |
other identification card accepted together with the date of | 158 |
purchase, the name and address of the seller, and a description
of | 159 |
the article purchased. The purchaser shall retain the written | 160 |
record for at least one year and shall make the record available | 161 |
for inspection by any law enforcement officer at all reasonable | 162 |
times. For the purposes of this division, the purchaser may | 163 |
utilize the written record hethe purchaser is required to keep | 164 |
where
applicable under division (A) of this section and add to it | 165 |
the
information required by this division. | 166 |
(g) Guard rails for bridges, highways, and roads; highway and | 180 |
street signs; street light poles and fixtures; manhole covers, | 181 |
water meter covers, and other similar types of utility access | 182 |
covers; traffic directional and control signs and light signals, | 183 |
metal marked with the name of a political subdivision of the | 184 |
state, and other articles that are purchased and installed for use | 185 |
upon authorization of the state or any political subdivision of | 186 |
the state; | 187 |
(4) "Common consumer household electronic device" means a | 198 |
device powered by electricity that is commonly used in a personal | 199 |
residence and is not designed for commercial use and includes, but | 200 |
is not limited to, garage door openers; answering machines; | 201 |
blenders; cassette players and recorders; record players; compact | 202 |
disc players and recorders; calculators; clocks; coffee or tea | 203 |
makers; copy machines; digital video disc players and recorders; | 204 |
fans, hairdryers; hot pots; lamps and light fixtures; microwave | 205 |
ovens; paper shredders; personal computers; printers; scanners; | 206 |
fax machines; security system components; stereo components; | 207 |
televisions; telephones; toasters; toaster ovens; vacuums and | 208 |
other floor cleaning or care equipment; videocassette players and | 209 |
recorders; can openers, griddles, grills, knives, slicers, | 210 |
slow-cookers, and other similar kitchen appliances; razors, | 211 |
toothbrushes, curling or straightening irons, and other similar | 212 |
personal care and hygiene items; drills, sanders, saws, and other | 213 |
similar tools; blowers, chain saws, hedge clippers, mowers, | 214 |
pressure washers, trimmers, and other similar workshop lawn and | 215 |
garden tools. | 216 |
(B) Every scrap metal dealer in scrap iron, metal, and waste | 227 |
materials shall
maintain a record book of recordsor electronic | 228 |
file, in which hethe dealer shall keep an
accurate and complete | 229 |
record of all articles purchased or received by himthe dealer
in | 230 |
the course of histhe dealer's daily
business. On and after the | 231 |
effective date of this amendment, every entry in the record book | 232 |
or electronic file shall be numbered consecutively, commencing | 233 |
with number one. Every dealer shall maintain the record for each | 234 |
article purchased or received for a minimum period of six months | 235 |
after the date the dealer purchased or received the article. Said | 236 |
records shall contain all of the namefollowing information: | 237 |
Such(E) The records required under division (B) of this | 264 |
section shall be open for inspection by the representative of any | 265 |
law
enforcement agency atand the director of public safety or the | 266 |
director's designated representative during all business hours. A | 267 |
scrap metal dealer shall provide a copy of those records to any | 268 |
law enforcement agency who requests the records or to the director | 269 |
or director's representative, upon request. Records submitted to | 270 |
any law enforcement agency pursuant to this section are not | 271 |
considered public records for purposes of section 149.43 of the | 272 |
Revised Code. Any person may, however, request such records, but | 273 |
the law enforcement agency shall redact information that reveals | 274 |
the name of the seller of any article and the price the dealer | 275 |
paid for any article the dealer purchased or the estimated value | 276 |
of any article the dealer received. | 277 |